Summary: We will not investigate this complaint about the Council’s decision to step down Miss X’s child Y from a child protection plan to a child in need plan. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council decided to close her child Y’s child protection plan and make him subject to a child in need plan.
2. Miss X said she has been caused stress and Y’s safety has been compromised.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has been involved with Miss X and her child Y for several years. Y was made subject to a child protection plan in 2022. In 2023, the Council decided to remove Y from the child protection plan as Y had shown improvement and placed him on a child in need plan.
7. Miss X complained about this decision and the Council responded stating that it had notified Miss X of the decision and it was a decision made in line with the correct process. Miss X was unhappy with the Council’s response and escalated the complaint. The Council asked Miss X to clarify why she remained unhappy with the outcome, but she did not provide this information. The Council went on to maintain its decision.
8. Miss X remains unhappy with the Council’s decision and wants us to find the Council at fault. The Ombudsman cannot question the outcome of a decision a Council has made it if it has made in line with the correct process. There is no evidence the Council acted with fault when it decided to make Y subject a child in need plan. Further, there is no evidence of a personal injustice caused to Miss X or Y due to this.

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Final decision

9. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman